Presidential Decree Number 33 In 2002

Original Language Title: Keputusan Presiden Nomor 33 Tahun 2002

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4efa0f0860902e313231383031.html

Presidential Decree No. 33-2002 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 61, 2002 DECISION of the PRESIDENT of the REPUBLIC of INDONESIA NUMBER 33 in 2002 ABOUT the CONTROL and SUPERVISION of the BUSINESS of the SAND SEA, the PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that the activities of mining, dredging, hauling, and trade the sand of the sea, which during the ongoing uncontrolled, has caused damage to the coastal and marine ecosystems, fish farmers and fishermen in the deterioration, as well as the fall of the price of the sand of the sea;
.,, b. that to prevent negative impact referred to in letter a, and to protect and empower farmers, fishermen, fishes, and coastal communities generally, as well as improve the selling value of the sand of the sea, the need for control and supervision of the business of sea sand against;
.,, c. implementation of control and supervision that against sea sand business still held sectoral basis so that law enforcement has not been coordinated as appropriate in accordance with the applicable legislation;
.,, d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish a presidential decree on the control and supervision of the business of the sand of the sea;
.,, Considering: 1. Article 4 paragraph (1) of the 1945 Constitution as amended by the third change of the Constitution of 1945;
., ,2. Law number 11 of 1967 concerning the provisions of the Principal provisions of the mining (State Gazette of the Republic of Indonesia number 22 of 1967, Supplement Sheet country number 2,831);
., ,3. Act No. 9 of 1985 concerning Fisheries (State Gazette of the Republic of Indonesia Number 46 in 1985, additional Sheets State number 3299);
., ,4. Act No. 5 of 1990 concerning Conservation of natural Biodiversity Resources and their ecosystems (Gazette of the Republic of Indonesia Number 49 in 1990, additional State Gazette Number 3419);
., ,5. Act No. 21 of 1992 about the voyage (Gazette of the Republic of Indonesia Number 98 in 1992, an additional Sheet country number 3493);
., ,6. Act No. 24 of 1992 concerning Spatial (Gazette of the Republic of Indonesia Number 115 in 1992, an additional Sheet country number 3501);
., ,7. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional State Gazette Number 3612);
., ,8. Act No. 6 of 1996 about the waters of Indonesia (the State Gazette of the Republic of Indonesia Number 73 in 1996, additional State Gazette Number 3647);
., ,9. Act No. 8 of 1997 about the acceptance of the country instead of taxes (State Gazette of the Republic of Indonesia Number 43 in 1997, an additional Sheet State number 14);
., .10. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 1997, additional State Gazette Number 3674);
.,, 11. Act No. 22 of 1999 on local governance (State Gazette of the Republic of Indonesia year 1999 Number 60, State Gazette Supplementary Number 3839);
., 12. Act No. 25 of 1999 regarding Financial Equalization Between the Central Government and the regions (State Gazette of the Republic of Indonesia year 1999 Number 72, State Gazette Supplementary Number 3857);
DECIDED:.,, define: PRESIDENTIAL DECREE on the CONTROL and SUPERVISION of the BUSINESS of the SAND of the sea.
CHAPTER I GENERAL PROVISIONS article 1 In this presidential decree is:.,, 1. Sand sea sand minerals is located in the territorial waters of Indonesia that does not contain mineral elements in Group A and/or B in the amount of meaning in terms of the economics of mining.
., ,2. Sea sand of concessions is economic activities which include the mining venture, dredging, hauling and sea sand export.
., ,3. Mining Authority is the permission given to the Agency/individual to carry out the business of mining.
., ,4. The exploitation of the mining business is with the intent to produce minerals and exploit it.
., ,5. The destruction of the sea is the Act which caused the change directly or indirectly against the physical properties and/or hayatinya that goes beyond the raw sea damage criteria.
., ,6. Zoning of the coastal area and the sea is a coastal space utilization and the direction of the sea.
Article 2 of the control and supervision of the business of the sand of the Sea covering the control and supervision of business activities of mining, dredging, transportation, export trade, utilization of sea sand business results, and the prevention of the destruction of the Sea made in integrated and coordinated and implemented in accordance with the provisions of the legislation.

Article 3 the effort control and supervision as referred to in article 2 is carried out at the site and during transportation of mining the sand of the sea.

CHAPTER II INSTITUTIONAL article 4 In this presidential decree is:.,, (1) to carry out control and supervision against sea sand concessions referred to in article 2 formed Governing Teams and Watchdog concessions of the Sand of the sea.
.,, (2) the arrangement of the Governing Team and supervisor of marine Sand Concession referred to in subsection (1) consists of:.,, Chairman of the Marine and Fisheries Minister:;

Deputy Chair: Minister of industry and commerce;., Member: 1. Minister of the Interior;

2. The Minister of energy and Mineral resources;

3. Minister of forestry;

4. The Minister of finance;

5. Minister of transportation;

6. The Secretary of State;

7. The Minister of Justice and human rights;

8. Minister of State for the environment;

9. Indonesia National Army Commander;

10. The head of the State police of the Republic of Indonesia;

11. The Governor of the territory of sea sand producers;

12. the Bupati/Walikota sea sand producers whose territory; Secretary: Echelon Officials of the departments I Marine and fisheries.
.,, (3) a team of drivers and supervisors Working Sea Sand is below and is responsible directly to the President.
Article 5, (1) a team of Drivers and supervisors of concessions of Sea Sand as mentioned in article 4 paragraph (1) has the task:.,,.,, 1. co-ordinate the formulation of the national policy in the field of the implementation of the control and supervision of the business of the sand of the sea;
., ,2. coordinate and recommend designation of zoning the coastal areas and the sea for sea sand business activities;
., ,3. coordinate and recommend designation of sea sand volume plans that can be mined and exported nationally each year, taking into account sustainability of coastal and marine ecosystems, and the balance of supply and demand as well as the interests of the Community area;
., ,4. coordinate and recommend designation plan utilization and management of funds control, surveillance, and security concessions of the sand of the sea;
., ,5. coordinate and recommend guidelines for the determination of the environmental recovery of funds utilization of coastal and marine ecosystems and coastal communities empowerment Fund, and performs monitoring, evaluation, and oversight of the implementation of the guidelines;
., ,6. coordinate the implementation of the guidelines and recommends the setting of surveillance operations and security at the site and during transportation of mining;
., ,7. monitoring, evaluation, and surveillance against conformity between the coastal area and marine zoning with the giving power of the mining and dredging work permits;
., ,8. controlling and monitoring of the implementation of joint operations against surveillance and security;
., ,9. monitoring, evaluation, and oversight of the implementation effort towards mining;
., .10. monitoring, evaluation, and surveillance against the implementation of the work of dredging;
.,, 11. monitoring, evaluation, and surveillance against the export of sea sand business and results;
., 12. monitoring, evaluation, and surveillance of the coastal ecosystem conditions and against the sea due to the sand sea and concessions of the restoration of environmental quality;
., 13. conduct monitoring and surveillance against the implementation of the granting of permissions against the immigration of foreigners associated with the business of the sand of the sea;
.,, 14. evaluate the legislation of each of the related sectors in order to optimize the control and supervision of the business of the sand of the sea;
., 15. recommends the provision of budget and expenditure for the implementation of the control and supervision of the business of sea sand for related sectors in accordance with the applicable legislation.
.,, (2) in carrying out the tasks referred to in subsection (1), a team of Controllers and supervisors organizing Sea Sand Business function:.,,.,, a. coaching and direction towards the implementation of the control of concessions of the sand of the sea;
.,, b. preparation of terms and conditions of the implementation of the control of concessions of the sand of the sea; c. monitoring, supervision and control of the business of the sand of the sea.
.,, (3) a team of drivers and Sea Sand Concession Supervisors may appoint the Indonesia legal entities meet the requirements of specific qualifications to assist the implementation of the activities of the control and supervision of the business of the sand of the sea.
Section 6.,, (1) to support the implementation of the control and supervision of the business of the sand of the sea as stipulated in article 5, the Chairman of the Governing Team and supervisor of concessions of the sand of the sea to form a working group in accordance with their needs.
.,, (2) the Working Group referred to in subsection (1), chaired by Officials from the Department of the marine I Echelon and fishing with members comprising officials of Echelon I or the level of each Department and relevant agencies and officials appointed by the Governor, Bupati/Walikota sea sand producers whose territory.

.,, (3) the Ordinances Governing Team activities and Sea Sand Concession Supervisors as referred to in article 4 paragraph (1) as well as the appointment and dismissal of the Working Group referred to in subsection (1) is designated by the Chairman of the Governing Team and supervisor of concessions of the sand of the sea.
CHAPTER III ZONING and BUSINESS VOLUME of SAND SEA article 7.,, (1) Zoning of the coastal area and the sea is defined by the responsible ministers in the field of maritime and Fisheries after consulting with relevant agencies in the Center, Governor and Regent/Mayor in accordance with the provisions of the legislation.
.,, (2) the Volume of sea sand that can be exported are set nationally by the responsible agencies in the field of industry and trade as well as regional governments provincial and Kabupaten/Kota that sand sea-producing territory in accordance with their respective authority based on the provisions of the legislation.
.,, (3) any power of Sea Sand Mining and Dredging work permit mandatory adapted to coastal areas and ocean zoning referred to in subsection (1) and the volume of marine sand as mentioned in paragraph (2).
CHAPTER IV article 8. EXPORT TRADE, Export, (1) sand sea is set to be a commodity that supervised its export commerce.
.,, (2) Sand sea designated as commodity Commerce supervised its export referred to in subsection (1), can be converted into commodities banned its export after considering the proposal of the Governing Team and supervisor of concessions of the sand of the sea.
Article 9.,, (1) sea sand Export referred to in article 8 paragraph (1) can only be done by individuals or legal entities after approval of the export of the responsible ministers in the field of industry and trade.
.,, (2) in the event of the issuance of the export agreement referred to in subsection (1), the responsible ministers in the field of industry and Commerce appoints the Governor and/or Regent/Mayor in accordance with the provisions of the applicable legislation.
.,, (3) the Governor and/or Bupati/Walikota obliged to report the issuance of an approval to export to the Minister responsible in the field of industry and trade each month.
.,, (4) an individual or legal entity that will implement the export referred to in subsection (1) must first get the assignment as an exporter of sand sea (EPL) by responsible ministers in the field of industry and commerce to consider the proposal in writing from the Governor and/or Regent/Mayor whose territory producing sand sea.
Article 10 publication of export approval by the Governor and/or Bupati/Walikota in accordance with its respective done by considering the volume of marine sand which allowed for mined and exported nationally each year as stipulated in article 7 paragraphs (2) and the plan of production and export companies.

Article 11 approval of exports that have been published are not tradable or transferable to another party.

Chapter V OBLIGATION in article 12 SEA SAND BUSINESS Exporters who have export approval in accordance with the applicable provisions of compulsory execution of the export realization of conveying sand sea to the Governor and/or Regent/Mayor, responsible ministers in the field of industry and trade as well as the Chairman of the Governing Team and supervisor of concessions of the sand of the sea every three (3) months.

Article 13.,, (1) any person and/or legal entity doing business the business of sea sand compulsory drafting plans for the maintenance and restoration of coastal ecosystems and the ocean environment.
.,, (2) the magnitude of the cost of maintenance and restoration of ecosystem environment of sand and the sea as well as the pemungutannya set by local regulations.
Article 14 Every holder of Mining Authority is obligated to report the management and monitoring of the environment in the location of the quarry to the Governor and/or Regent/Mayor and/or responsible agencies in the field of the environment in the regions concerned.

Section 3.,, (1) any mining venture and/or sea sand dredging is obligated to maintain the sustainability of marine ecosystems function as well as preventing and tackling pollution and destruction of marine ecosystems thereof.
.,, (2) if in the area and/or the area of sea sand Mining Power there are a boatload of origin of valuable objects that sink, then all activities in the region and/or the area in which the location of the ship sinking was stopped.
Article 16.,, (1) any person and/or legal entities that conduct the business of compulsory drafting plans for sea sand empowerment of coastal communities.
.,, (2) the implementation of the coastal society empowerment as mentioned in subsection (1) is coordinated by local governments in accordance with their respective authority based on the provisions of the legislation.
., Financing, (3) arising out of the implementation of the plan of the coastal society empowerment as mentioned in paragraph (2) charged to persons and/or legal entities that conduct the business of the sand of the sea.
Article 17.,, (1) the holder of the mining Authority mandatory install tool monitor production on the ship has been registered.
.,, (2) the ship's captain is obligated to enable and maintain tools monitor the production referred to in paragraph (1) in order to function in accordance with the allocation.
Article 18 Any breach of duty concession in the sand of the sea as stipulated in article 7, article 8, article 9, article 10, article 11, article 12, article 13, article 14, article 15, article 16 and article 17 are found in the performance of supervisory operations followed up in accordance with the provisions of the applicable legislation.

CHAPTER VI TRANSITIONAL PROVISIONS article 19.,, (1) the provisions regarding the designation of coastal and sea area zoning referred to in article 7 paragraph (1) as well as the volume of marine sand which can be exploited for export as referred to in article 7 paragraph (2) are set at least 3 (three) months since the presidential decree was enacted.
.,, (2) before any provision and/or operating instructions about the zoning designation of the coastal area and the sea as well as the volume of marine sand can be exported nationally referred to in subsection (1), sea sand business activity may be exercised by bound to this presidential decree.
.,, (3) Permit power of mining and Dredging work permits that have been issued before this Presidential Decision, stated remains valid and must be adapted to the provisions of the zoning designation of coastal and sea area as well as the volume of the sand of the sea.
Article 20 With the enactment of presidential decree, presidential instruction No. 2 of 2002 on the control of Sea Sand Mining stated does not apply.

CHAPTER VII PROVISIONS of Chapter 21 COVER necessary for Financing the implementation of the presidential decree is charged to the budget of the State Expenditures and Income as well as income and Budget Shopping Area in accordance with the provisions of the applicable legislation.

Article 22 this presidential decree took effect on the date set.

In order to make everyone aware of it, ordered the enactment of Presidential Decree this with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on May 23, 2002 the PRESIDENT of the Republic of INDONESIA, MEGAWATI SUKARNOPUTRI Enacted in Jakarta on May 23, 2002 the SECRETARY of STATE of the REPUBLIC of INDONESIA, BAMBANG KESOWO